25.2.2006   

EN

Official Journal of the European Union

C 48/31


Judgment of the Court of First Instance of 15 December 2005 — RB Square Holdings Spain v OHIM

(Case T-384/04) (1)

(Community trade mark - Figurative mark containing the word element ‘clean x’ - Opposition by the proprietor of the earlier national word and figurative marks CLEN - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 48/59)

Language of the case: French

Parties

Applicant: RB Square Holdings Spain, SL (Granollers, Spain) (represented by: K. Manhaeve, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Pétrequin and A. Rassat, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Unelko NV (Zingem, Belgium)

Action

brought against the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 (Case R 652/2002-4) relating to opposition proceedings between RB Square Holdings Spain, SL and Unelko NV

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the applicant to pay the costs.


(1)  OJ C 300 of 4.12.2004.